If a party approaches before court, inspite of having an arbitration agreement ______.

Arbitration & Conciliation Act  S. 8.Power to refer parties to arbitration where there is an arbitration agreement.—   (1)A judicial authority, before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party to the arbitration agreement or any person claiming through or under him, so applies not later than the date of submitting his first statement on the substance of the dispute, then, notwithstanding any judgment, decree or order of the Supreme Court or any Court, refer the parties to arbitration unless it finds that prima facie no valid arbitration agreement exists.